Loading...
HomeMy WebLinkAbout20050433 Ver 1_Complete File_20050407Michael F. Easley, Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 4P R r Alan W. Klimek, P.E. Director D 1 Division of Water Quality sTOR??ry 4 1 April 7, 2005 Cy Polk County DWQ Project No. 050433 Roundabout at NC 108, I-26 and US 74 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 67 linear feet Horse Creek and to temporarily impact Horse Creek with a diversion dike and 120 linear feet of pipe, (67 linear feet of new double barrel box culvert and construction of a stream diversion dike (60 sq. ft.) and 120 linear feet of temporary pipe), in order to construct a roundabout at the Intersection of NC Highway 108, Interstate 26 and US Highway 74, in Polk County. The project must be constructed in accordance with the application dated March 4, 2005 (received March 10, 2005), including the environmental commitments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project.change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. Noe Carolina Na&Ag1!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nous FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. April 7, 2005 Page Two c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Quality has released the project. 4. Adequate sedimentation and erosion control measures should be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes or, wherever possible, live stakes of native trees. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff; and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow. 6. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size with the floor of the culvert placed in the main flow channel or thalweg to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. Where more than one pipe or barrel is used, one pipe or barrel should. be installed to receive normal (base) flow and the other barrel(s) should be modified to receive only flow during storm events (i.e., level of floodplain bench at or near bankfull elevation). This ensures adequate flow and water depth in the normal (base) flow barrel, during low and normal flow periods. If box culverts are longer than 40- 50 linear feet, the WRC is requesting alternating or notched baffles be installed in a manner that mimics existing stream patterns. This type of culvert installation should enhance aquatic life passage by, depositing sediments in the barrel, maintaining channel depth and flow regimes, and providing a resting place for fish and other aquatic life. Basically, the normal flow barrel should provide an area with the same water depth, channel width and stream velocity as the natural stream channel. 7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing and along the streams within dedicated rights of way. 8. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. Riprap should not be placed in stream channels in a manner that impedes aquatic life passage. 9. The dimension, pattern and profile of the stream, above and below the culvert, should not be modified by widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural geomorphic conditions aquatic life and/or fish passage. 10. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and to reduce the likelihood of introducing other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams, flexible pipe or gther diversion structures should be used to minimize excavation in flowing water. Mr. J. B. Setzer, P.E. April 7, 2005 Page Three 13. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and fish kills. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this pen-nit,. except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners. 16. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic life. 17. This certification does not authorize the discharge of waste rock and dirt into.the stream or riparian zone except for permitted areas associated with culvert conditions. 18. All work shall be performed during low flow conditions (below bankfull). 19. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify the NCDWQ when all work included in the. §401 Certification has been completed. The responsible party shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, ?v e- P.Z, F,-.Alan W. Klimek, P.E. Attachment cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental ?gie Pennock, USACE Asheville Field Office -Transportation Permitting Unit Mike Parker, Asheville Regional Office e,s sfnTF ° ?y '`? ww ?' STATE OF NORTH CAROLINA DEPARTNENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR March 4, 2005 Ms. Angie Pennock, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide Permit 14 & NW 33 Application Culvert Extension for Roundabout NC 108, Interstate 26 and US 74 y? LYNDO?i IPPETT SECRETARY 050433 Polk County State Project No. WBS Element 34243 (DWQ Minor Permit Fee.$200T 4 q7,5-- Dear Ms. Pennock: The North Carolina Department of Transportation (NCDOT) proposes to construct a roundabout in Columbus, North Carolina at the Intersection of NC 108, Interstate 26 and US 74. The roundabout will serve to maintain traffic flow and eliminate an existing traffic signal. Due to the traffic volume and congestion at this intersection, NCDOT would like to let a contract for this work in May 2005. NCDOT proposes to construct the roundabout at the existing location of the traffic signal. To gain sufficient area to construct the roundabout, it will be necessary to extend an existing reinforced concrete box culvert on both the inlet and outlet ends. The culvert conveys Horse Creek under the existing intersection. I am attaching a PCN application, site plans with the proposed erosion control and construction limits, photos, as well as, a marked county map and USGS quad map. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no aquatic species records listed for the Horse Creek watershed or the adjacent Skyuka Creek and White Oak Creek watersheds. The stream at the culvert site is somewhat degraded from urbanization and not characteristic of habitat that would support freshwater mussels. Roundabout NC 108 Page 2 March 4, 2005 Polk County There are records for the white irisette (Sisyrinchium dicotomum) within the Horse Creek watershed above this project along Skyuka Mountain Road. Due to the proximity of the project site to this known population of white irisette, we requested input from the U.S. Fish and Wildlife Service (USFWS). Ms. Denise Moldenhauer, Biologist with the USFWS, made a visit to the site on February 23, 2005. The vegetation at the downstream culvert extension can be characterized as being overgrown by saplings and briers. The vegetation on the upstream side of the culvert has a well-developed canopy along the riparian area with a relatively dense understory and thick litter layer. The USFWS recovery plan states that white irisette habitat consists of "open, dry to mesic, circumneutral oak-hickory forest communities on mid-elevation mountain slopes, with aspects ranging primarily from southeast to southwest. On most sites, plants are exposed to dappled to strong sunlight for at least part of the day." White irisette are found where the canopy is thin and where much of the deep litter layer ordinarily present on these sites has been removed. Therefore, while this site is proximal to areas with known populations of white irisette, the habitat is not characteristic of the habitat described in the USFWS recovery plan or the occupied habitat along Skyuka Mountain Road. Therefore, based on our site visits and input from the USFWS, we have concluded that habitat for the white irisette is lacking at this project site. (See attached email) Based on the reasons stated above, this project will have "no effect" on threatened and endangered species. Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines that further investigations are required, NCDOT will conduct the appropriate site investigations and obtain compliance from SHPO prior to project construction. Impacts to Waters of the United States Horse Creek is considered a perennial stream with a well-defined channel and is shown on the USGS topographic maps as a blue line stream. The channel is composed of sand and gravel substrate and lacks vegetation. The stream is of sufficient size to support fish and other aquatic organisms. Therefore, we believe that Horse Creek is under the jurisdictional authority of the US Army Corps of Engineers. In order to construct the project it may be necessary to impact waters of the United States in the Broad River Basin. Specifically, NCDOT is requesting to extend the existing culverts in Horse Creek (DWQ Class Q. Listed below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net Impacts Station Site 1A (Inlet) 198.5' Double Barrel Extend 41 feet 41 feet 8' X 5.5' Box Site IB(Outlet) 26 5' Double Barrel Extend 26 feet 26 feet 8' X 5.5' Box Site 1 C Open Channel Temporary Diversion 60 ft2 fill Dike Roundabout NC 108 Page 3 Polk County March 4, 2005 Site 1D Open Channel Temporary Pipe 60 feet Site 1 E Open Channel Temporary Pipe 60 feet Total 187 linear feet Temporary 120 linear feet Temporary Fill 60 square feet Net Impact 67 linear feet Erosion and sedimentation control measures that are sufficient to protect surface waters will be used on this project to minimize impacts to downstream aquatic resources. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 586-2141. Your early review and consideration will be greatly appreciated. Sincerely, Mark S. Davis Division Environmental Officer Enclosures cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. Dave McHenry, Mountain Region Coordinator, NCWRC, Waynesville Ms. Marella Buncick, NCDOT Coordinator, USF&WS, Asheville Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Jamie Wilson, P.E., Division Construction Engineer, NCDOT, Sylva Mr. Ed. Ingle, Roadside Environmental Field Operations Engineer, NCDOT, Mills River r.. ? 61 W A T??, Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules NC 108 Roundabout - Polk County (Intersection of NC 108 and I-26 West Bound Exit Ramp - Exit 67) NCDOT Division 14 Prepared by: Mark S. Davis Division Environmental Officer in Office Use Only: n O ?wersiYMaY l ?/ V 433 USACE Action ID No. DWQ No. ? (If any particular item is not applicable to this project, please enter "Not Applicable" or "N 1 LOS I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 & NW 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mark S. Davis Mailing Address: 253 Webster Road Sylva NC 28779 Telephone Number: (828) 586-2141 Fax Number: (828) 586-4043 E-mail Address: msdavis(a)dot state nc us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Roundabout at Intersection of NC 108 and I26 Exit 67 2. T.I.P. Project Number or State Project Number (NCDOT Only): 1-4729 WSB 34243 3. Property Identification Number (Tax PIN): N/A 4. Location County: Polk Nearest Town: Columbus Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville, take I-26 east to exit 67 and go through the roundabout and take NC 108 East. The project location is the first intersection after crossing I-26 5. Site coordinates, if available (UTM or Lat/Long): 35.2493° N 82.2056° W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Horse Creek 8. River Basin: Broad River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Sapling trees and some forest. Land use is highway infrastructure and commercial development primarily convenience stores and fast food restaurants. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of a roundabout at the Intersection of NC 108 and I-26 at exit 67 The existing 8' x 5.5' double reinforced concrete box culverts will be extended 41 feet on the inlet end and 26 feet on the outlet end. The work will include clearing and grubbing and cutting streambanks to accommodate the extensions. Substrate in the existing channel will be removed to allow for construction. The actual depth of the new culvert will be dictated by the alignment of the existing culvert. The area over the culvert will be backfilled to provide sufficient space to construct the roundabout. The work will be accomplished with track hoes dump trucks bulldozers and hand tools. 11. Explain the purpose of the proposed work: The purpose of the work is to convert the existing signalized intersection to a roundabout. The roundabout will facilitate better movement of traffic through a congested interstate interchange area near the down of Columbus. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Possibly the roundabout is a near term solution for a badly congested area. Longer term the bridge over the interstate will need to be replaced and the entire intersection redesigned. It is not known at this time if the future project will require -permits Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 3 of 8 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The existing double 8'x 5.5' reinforced concrete box culverts will be extended 41 feet on the inlet end and 26 feet on the outlet end. 1. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** . N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nit, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httR//www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma) (linear feet Before Impact leasespecify) 1A (Inlet) Culvert 41 Horse Creek 8 feet Perennial 113 (Outlet) Culvert 26 Horse Creek 8 feet Perennial 1C (Inlet) Temporary Fill 60 ft2 Horse Creek 8 feet Perennial Impervious Dike 1D (Inlet) Temporary 60 Horse Creek 8 feet Perennial Diversion Pi De lE (Outlet) Temporary 60 Horse Creek 8 feet Perennial Diversion Pipe * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 4 of 8 ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site:67 Permanent 120 Temporary 60 ft Temporary Fill 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VI. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The culverts are being extended the minimum amount to gain the necessary space to construct the roundabout. Due to the existing roads, adjacent businesses and creek, realignment of the intersection is not possible. Page 5 of 8 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in. determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hLtp://h2o.enr.state.nc.us/ncwetlands/strmgide.htiml. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Compensatory mitigation will be made by paying into the Environmental Enhancement Program 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCEEP, check the NCEEP website at hqp://www.ncegp.net. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 67 linear feet Amount of buffer mitigation requested (square feet): N/A Page 6 of 8 Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A VIII. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near banK of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIII. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control).. 110?v 3 -y/-D. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Re:. Photos of culvert under NC 108 in Polk County Subject: Re: Photos of culvert under NC 108 in Polk County Date: Thu, 3 Mar 2005 07:38:16 -0700 From: Denise_Moldenhauer@fws.gov To: Owen Anderson <ofanderson@dot.state.nc.us> CC: Mark Davis <markdavis@dot.state.nc.us> Owen, After reviewing the pictures of the lower end of the project, the 41 foot extension, it is obvious that no suitable habitat exists for the white irisette. After our site review of the upper extension I believe there is no suitable habitat within this area for white irisette. The recovery plan states that white irisette habitat consists of "open, dry to mesic, circumneutral oak-hickory forest communities on mid-elevation mountain slopes, with aspects ranging primarily from southeast to southwest. On most sites, plants are exposed to dappled to strong sunlight for at least part of the day." White irisette are found where the canopy is thin and where much of the deep litter layer ordinarily present on these sites has been removed. The habitat we saw had a fairly thick canopy and understory and the litter layer seemed to be thick. Therefore I believe you can make the determination that this project would have no effect on white irisette due to lack of habitat. Denise ........................................................... Denise McNabb Moldenhauer Biologist United States Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville NC 28801 phone: (828) 258-3939, ext. 226 fax: (828) 258-5330 1 of 1 3/3/2005 4:24 PM b a• , CT? W v?AA1 owl t 4 \ 4 4? t A 1 J. n 4Y zq f, a? ?-f ?' a r? ? z O ' U Q ? J n 30 rcd N ?Ix a - 00 v 3 a Y ?= ? r W m K Z ~ O CL O ° m °z z. O O M o U c w V H ? O r LL CL N W G O N ZO - I 1' .?O- ?.fV ? Q J W V W J m n V Z 4 m W X0 IW V1 ~ d V) N WZ0 4 J J^ y z !Z W O W a w a 'o -W; 0 C L W OZ ?w C O C7 m z N K x o K 6 W a w Fm3 ' O p3 O a !? r o> y W? O a? ?yx N V \ Nxx W w M \1` •gs 61 00% Ex\ -26 p ?! WB OFF-R Yi r n n = ?b, 4 ~ ? C .) 2N o ~ N ? LLJ h o Y 1O n o ' a N N n .. K W O J d O U J x z ?••.` ^1. ~ m > u d• ?' a v w LL Cl 0 Q ,•` u w . W r r 1 y m z Q U N W W / 0 ? , 16 0 \ 1 Z? u 6? OF O g ?Nl Ol i-ol ?N ?y ti• a o r o- ZO J d ¢¢ j O CL O W Z 1? W Q O M KQ • G 4 LS. O O r W O a s r WW y y O o a W O r Q W • d Q U p"? ranrH - NC 108 - Round-about - Polk County Reinforced Concrete Box Culvert Culvert - Inlet End ry,. a k. Culvert - Outlet End Y DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: January 17, 2007 County: Polk Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ? Complaint ?DWQ Follow Up Evaluation ? Other DWQ 401 #: 050433 NW Permit #1 1 IP #: I Project Name: Location of Project: I Roundabout at NC 108, I-26 and US 74 Site is at the intersection of NC 108 and west bound off ramp of I-26 just west of the Town of Columbus Project Complete: ?Yes X No Activities (DOT): ? Bridge X? Culvert ? Bottomless Culvert ? Bottomless Arch ? Riprap Inlet/Outlet Stabilization ? Spoil Pile ? Borrow Pit ? Wetland Mitigation ? Stream Restoration ? On-site Stream Relocation ? Buffer Restoration ? Bank Stabilization ? Other If no, estimated date of completion: I Water Quality Concerns (DWQ): ? Steam Standards Violation X? Turbidity ? Evidence of spills ? Oil/Petroleum ? Solid Waste ? Failed E & S control measures X? Sedimentation Impacts ? Stormwater Permit Violation ? Fill ? Buffer Impacts (see below) ? Other Additional Wetland Impacts: ? yes X? no Estimated Acres ? Zone 1 Est Acres ? Zone 2 Est Acres Additional Stream Impacts: ? yes X? no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ?Neuse ?Tar-Pam ?Randleman ?Catawba Zone 1: ?Yes ?No Est linear ft/ acreage of buffer impact ft/ ac Zone 2: ?Yes ?No Est linear ft/ acreage of buffer impact ft/ ac Buffer Designation: ?Exempt ?Allowable ?Allowable w/mitigation ?Prohibited F - - , Name of Waterway(s): DWO Site Visits for DOT Projects Background Info Horse Creek Basin/ Subbasin: BRD 06 Wetland Type: ?Isolated ?Non-Isolated (Waters of US) Stream Class: ?Class B ?303d Listed XClass C ?ORW ?HQW ?WS-I Type of Authorized Impact: X?Culvert ?Bridge ?Riprap Inlet Authorized Wetland Impacts Authorized Stream Impacts Additional comments: ?WS-II ?Trout FIWS-IV 'Outlet Stabi ?0 - 1/10"' acre ?1/3rd to 1.0 acre X< 150 linear feet ?WS-V ?SB ?WS-III ?NSW ?SA FICA ?Bottomless Culvert ?Bottomless Arch lization XFIFill ?1/I Ith to 1/3rd acre ?> 1.0 acre ?> 150 linear feet Inspection on January 17, 2007. Box culvert has been extended and some fill material has been placed on both sides of NC 108. Temporary seeding, mulching and matting are in place. It appears that the project is on hold at the present time. Culvert appears to be installed correctly. There is no head cutting on inlet end. Sediment and erosion control devices have recently been cleaned. Periodic inspections should be conducted of site to ensure that no sediment is leaving the construction area.